Hack v. Auger

LeGRAND, Justice.

This appeal presents the question whether our habitual criminal statute (§ 747.5, The Code) is unconstitutional under the equal protection provision of the 14th Amendment to the Constitution of the United States. We hold it is not, and we affirm the judgment.

Defendant was convicted of the crime of larceny of a motor vehicle in violation of § 321.82, The Code. He had been twice previously convicted of other crimes for which he had served prison terms. Upon conviction for the present offense, he was sentenced under the provisions of § 747.5, which states in relevant part:

“Whoeve…